21. Navigating Duality: The Struggle for Self-Determination of Palestine and in Postcolonial Post-Westphalian Global Order
- Author:
- Janees Rafiq
- Publication Date:
- 01-2026
- Content Type:
- Journal Article
- Journal:
- The Rest: Journal of Politics and Development
- Institution:
- Centre for Strategic Research and Analysis (CESRAN)
- Abstract:
- The Charter of the United Nations has postulated its faith in the international community to ensure prompt and effective action; however, the UN has failed to discharge its duties towards maintaining or restoring global peace and harmony through its specific powers, including the use of humanitarian intervention. The ongoing crises in Ukraine and Palestine have highlighted the sheer apathy and ineffectiveness of international law, particularly its capacity to enforce special powers for gross human rights violations in Ukraine and Palestine. Although both Ukraine and Palestine are entitled to self-determination, the West’s response has been starkly different for each. Ukraine has received extensive support from Western states, while in the case of Palestine, the occupying state appears to benefit from Western protection, despite the International Court’s characterisation of the situation as a potential genocide against Palestinians. This disparity raises critical questions about the impartiality of international law, which theoretically holds no bias among nation-states. The research paper is based on a doctrinal study of how, in a globalised world, powerful nations' divergent responses to conflicts in Ukraine and Palestine further illustrate duplicity and inconsistency. While it remains a vital tool, it is also susceptible to political biases rooted in colonial-era legacies, particularly visible in Western states’ selective responses. Addressing this issue requires confronting the remnants of a colonial mentality that persists within the Western application of international law. The author will focus on a fundamental question: how to decolonise the application of international law to ensure equitable treatment in situations like Palestine, where the application appears markedly different from Ukraine.
- Topic:
- Human Rights, International Law, United Nations, and Self-Determination
- Political Geography:
- Europe, Ukraine, Middle East, and Palestine